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TONCRAY v. CITY OF PHŒNIX, ARIZ.

No. 6312.

47 F.2d 448 (1931)

TONCRAY v. CITY OF PHŒNIX, ARIZ.

Circuit Court of Appeals, Ninth Circuit.

February 24, 1931.

Attorney(s) appearing for the Case

John W. Ray, of Phoenix, Ariz., for appellant.

Charles A. Carson, Jr., and Kibbey, Bennett, Gust, Smith & Rosenfeld, all of Phoenix, Ariz., for appellee.

Before RUDKIN and WILBUR, Circuit Judges.

WILBUR, Circuit Judge.

Appellant brought this action in equity to restrain the city of Phoenix, a municipal corporation, its employees and servants, from letting a contract for a proposed street improvement under a resolution of intention theretofore enacted by the city commission, the legislative body of said city, upon the ground that the property of the plaintiff will be thereby taken without due process of law and in violation of the Fourteenth Amendment of the...

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